Terms of Use

Terms of Use  

(Updated August 5, 2021) 

These Terms of Use (the “Terms” or “ToU”) are a legal agreement between you and My Viva Inc. governing your use of the My Viva Inc. (“MVI”) wellness programs, either through the website on the Internet, and its mobile applications. 

These ToU are a legally binding agreement between you and MVI which you accept and agree to when you register for MVI programs to use its Services.  These ToU apply to all users of MVI. If you do not agree to the Terms, you should not register for the MVI program. 

In addition, you are not permitted to register for the MVI program if you are under the age of 18. 

MODIFICATION TO THE TERMS OF USE 

MVI reserves the right to change these ToU at any time and your continued use of the MVI program and services after such changes are made indicates your acceptance of these Terms as modified.  It is your responsibility to review these ToU regularly. 

  • BY ACCESSING OR USING THIS SITE YOU REPRESENT THAT YOU HAVE THE FULL AUTHORITY TO ACT TO BIND YOURSELF, ANY THIRD PARTY, COMPANY, OR LEGAL ENTITY, AND THAT YOUR USE AND/OR INTERACTION, AS WELL AS CONTINUING TO USE OR INTERACT, WITH THE SITE CONSTITUTES YOUR HAVING READ AND AGREED TO THESE TERMS OF USE AS WELL AS OUR PRIVACY POLICY AND MEMBERSHIP TERMS.
  • THE SITE RESERVES THE RIGHT TO DENY ACCESS TO ANY PERSON OR VIEWER FOR ANY LAWFUL REASON. UNDER THE TERMS OF THE PRIVACY POLICY, WHICH YOU ACCEPT AS A CONDITION FOR VIEWING.  

OWNERSHIP OF SITE OR RIGHT TO USE, SELL, PUBLISH CONTENTS OF THIS SITE 

  • The Site and its contents are owned or licensed by the Site’s owner. Material contained on the Site is presumed to be proprietary and copyrighted. Visitors have no rights whatsoever in the Site content. Use of Site content for any reason is unlawful unless it is done with express contract or permission of the Site. 

USE OF INFORMATION FROM THIS SITE 

  • Unless you have entered into an express written contract with the Site to the contrary, Visitors have no right to use this information in a commercial or public setting; they have no right to broadcast it, copy it, save it, print it, sell it, or publish any portions of the content of the Site. By accessing the contents of the Site, you agree to this condition of access and you acknowledge that any unauthorized use is unlawful and may subject you to civil or criminal penalties. Again, Visitors have no rights whatsoever to use the content of the Site, or portions thereof, including its databases, invisible pages, linked pages, underlying code, or other intellectual property the Site may contain, for any reason or for any use whatsoever. In recognition of the fact that it may be difficult to quantify the exact damages arising from infringement of this provision, Visitors agree to compensate the owners of the Site with liquidated damages in the amount of no less than $100,000 (CDN), or, if it can be calculated, the actual costs and actual damages for breach of this provision, whichever is greater. Visitors warrant that they understand that accepting this provision is a condition of accessing the Site and that accessing the Site constitutes acceptance. 

HYPERLINKING TO SITE, CO-BRANDING, “FRAMING” AND REFERENCING SITE PROHIBITED 

  • Unless expressly authorized by this Site, Visitors may not hyperlink the Site, or portions thereof, (including, but not limited to, logotypes, trademarks, branding or copyrighted material) to theirs for any reason. Furthermore, Visitors are not permitted to reference the URL (Site address) of the Site or any page of the Site in any medium without express permission from the Site, nor are Visitors allowed to ‘frame’ the Site. Visitors specifically agree to cooperate with the Site to remove or de-activate any such activities and be liable for all damages arising from violating this provision. In recognition of the fact that it may be difficult to quantify the exact damages arising from infringement of this provision, Visitors agree to compensate the owners of the Site with liquidated damages in the amount of not less than $100,000 (CDN), or, if it can be calculated, the actual costs and actual damages for breach of this provision, whichever is greater. Visitors warrant that they understand that accepting this provision is a condition of accessing the Site and that accessing the Site constitutes acceptance. 

DISCLAIMER FOR CONTENTS OF SITE AND THIRD PARTY LINKS 

This Site and all links to outside sources are presented “as is”, with all of the risks inherent in web browsing. While My Viva takes precautions against attacks, nothing in this Terms of Service guarantees site integrity at all times. My Viva assumes no responsibility for damage to devices or loss of data in the event this website or third-party links are compromised. If you believe the site has been jeopardized, please do the following: 

  • Immediately close all browsers and force shut down your system to protect your device. 
  • Run any internal malware detection scanning software or follow any established security protocols. 
  • Contact My Viva support with the date, time and webpage accessed, that we might investigate further. 

Remember that My Viva will never prompt downloads that you do not explicitly select, make requests from third-parties, or email asking for passwords and login information. 

 

LIMITATION OF LIABILITY 

  • By viewing, using, or interacting in any manner with this Site, including and as a condition of the Site to allow lawful viewing, Visitors forever waive all rights to claims of damage of any and all description based on any causal factor resulting in any possible harm, whether physical or emotional, foreseeable or unforeseeable, whether personal or commercial in nature.  
  • For any jurisdictions that may not allow for these exclusions, the Site’s maximum liability will not exceed the amount paid by Visitors, if any, for using the Site or service. 
  • Additionally, Visitors agree not to hold the Site liable for any damages related to issues beyond our control, including but not limited to, acts of God, war, terrorism, insurrection, riots, criminal activity, natural disasters, disruption of communications or infrastructure, labor shortages or disruptions (including unlawful strikes), shortages of materials, and any other events which are not within our control. 

 

 

INDEMNIFICATION 

  • Visitors agree that in the event they cause damage to the Site or a third party as a result of or relating to the use of the Site, Visitors will indemnify the Site for, and, if applicable, defend the Site against, any claims for damages. 

SUGGESTIONS 

  • Visitors agree as a condition of viewing, that any suggestions they provide to MVI with respect to the operation of the Site, including portions thereof, graphics contained thereon, or any of the content of the suggestion, shall become the exclusive property of the Site and may be used, without further permission, for commercial use without additional consideration of any kind. Visitors agree to only communicate that information to the Site, which it wishes to forever allow the Site to use in any manner as it sees fit.  

DISPUTES
Binding Arbitration

  • As part of the consideration that the Site requires for viewing, using or interacting with this Site, Visitors agree to use binding arbitration for any claim, dispute, or controversy (“CLAIM”) of any kind (whether in contract, tort or otherwise) arising out of or relating to this purchase, this product, including solicitation issues, privacy issues, and terms of use issues.
  • Arbitration shall be conducted pursuant to the rules of the Canadian Arbitration Association which are in effect on the date a dispute is submitted to the Canadian Arbitration Association. Information about the Canadian Arbitration Association, its rules, and its forms are available from the Canadian Arbitration Association, 180 Duncan Mill Road, 4th Floor, Toronto, Ontario, M3B 1Z6. Hearing will take place in the city of Edmonton, Alberta, Canada.
  • In no case shall Visitors have the right to go to court or have a jury trial. Visitors will not have the right to engage in pre-trial discovery except as provided in the rules; you will not have the right to participate as a representative or member of any class of claimants pertaining to any claim subject to arbitration; the arbitrator’s decision will be final and binding with limited rights of appeal.
  • The prevailing party shall be reimbursed by the other party for any and all costs associated with the dispute arbitration, including attorney fees, collection fees, investigation fees, travel expenses. 

Jurisdiction and Venue 

  • If any matter concerning this purchase shall be brought before a court of law, pre- or post-arbitration, Visitors agree to that the sole and proper jurisdiction is the Province of Alberta, Canada unless otherwise herein specified. In the event that litigation is in a federal court, the proper court shall be the closest federal court to the owner of the Site’s address. 

Applicable Law 

  • Visitors agree that the applicable law to be applied shall, in all cases, be those of the Province of Alberta and where applicable the Federal Laws of Canada. 

CONTACT INFORMATION

  • My Viva Inc.
  • Mailing Address: 3728-91 Street NW Edmonton, AB T6E 5M3 Canada
  • Contact Email: support@myvivaplan.com